Remember Colorado state Sen. Ray Scott’s face-off on Facebook a few weeks ago with some critics who complained that he had blocked them and hidden their comments? They wound up filing an ethics complaint with the legislature against the veteran Grand Junction lawmaker, citing in part a recent federal court ruling in Virginia that a public official in that state had violated a local constituent’s right to free speech by taking down negative comments posted to the official’s Facebook page.

The court found in that case that the official had acted “under color of law” in maintaining the page largely as a forum for public office, as well as in removing unwanted comments. Yet, only days after that ruling, the same plaintiff also lost a very similar case he had brought against another local government. Same U.S District Court but a different judge.

Here’s an update: The two rulings, seemingly in conflict, are now both being appealed to the U.S. Court of Appeals for the Fourth Circuit in Richmond.

As we pointed out before, Scott isn’t alone in taking heat from detractors who assert a First Amendment right over his  presence on social media platforms. Activists nationally appear to have embraced the tactic in taking on politicians with whom they differ. They’ve hauled several governors and even the president to court with similar claims.

Will the court uphold the right of elected officials like Scott to manage their own Facebook and Twitter accounts as they fit? Or, will public service mean that what was once an officeholder’s personal space is now a public forum?